Arbitration and Alternate Dispute Resolution

Comtel Intergrators Ltd v J & M Airport Road Hotel/Apartments & Leisure Centre Ltd (CAD/ARD/No. 1 of 2009) [2009] UGCADER 2 (4 February 2009);


Search Summary: 

This was application for the compulsory appointment of a second arbitrator; the applicant alleged the respondent had refused to participate in appointment of an arbitrator while the respondent averred that the appointment of an arbitrator was unnecessary on the basis of nonexistence of issues between the parties.

Court considered the application.

Headnote and Holding: 

Court made reference to Ellerine Bros Ltd v. Klinger, [1982] 2 All E.R., 737 (at p.741) observed that “…if letters are written by the plaintiff making some request or some demand and the defendant does not reply, then there is a dispute.

Court held that a dispute on whether the contract between the parties had been terminated was a dispute in itself.

Court added that since there was a dispute that needed disposing off in light of an arbitration clause, it would appoint an arbitrator in line with section 2(1)(c) Arbitration and Conciliation Act.

Court accordingly allowed the application and appointed an arbitrator to resolve the dispute between the parties.


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